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What is the (Common Law) definition of Burgalory?
Breaking and entering of the dwealling of another at night with intent to commit a felony.
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What are the 6 elements of Burgalory?
- Breaking- making a new opening through force
- Entering- any part of your body has entered into the home
- Dwelling-someowhere where the individual slept and lived
- of another-it's not your own. Could be room in apt.
- nightime- when the person is defeseless
- intent to commit a felony
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What is the current law of Burgalory?
- No breaking required
- any time of the day
- can be any "structure, including house, business..."
- Burgalory is entry with intent to steal or commit a felony inside.
- crime of burgalory is completed upon that with intent (regardless if the crime waas inside)
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What is the defition of Homocide?
Killing of another human by another being
Legal neutral term, can be a legall sanction killing (war) or a justified or excused killing.
Actus reus of crominal homocide
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When does human life begin?
- Human life begins at birth
- Some states prohibit the killing of a human being OR a fetuse.
- In CA the fetuse is 7-8 weeks into the pregnancy
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When does human life end?
When the individual becomes brain dead
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What is the defition of MURDER?
Unlawful killing of another human being with malice aforthought
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MALICE: 4 STATRES OF MIND.
- intent to kill
- intent to cause great bodily injury (gbi)
- reckless (aka depraved; abandoned & malignant heart, wanton & willful)
- felony murder-killing during a felony
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What falls under unlawful homocide?
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Categories of Criminal Homocide are:
- 1st degree murder
- 2nd degree muder
- voluntary manslaughter
- involunterary manslaughter
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What is the CA 1st and 2nd degree murder?
- 1st degree:
- Wilful, premeditated & deliberate (P&D)
- felony murder
- prohibited means (poison/torture)
- drive-by shooting
- 2nd degree:intent to kill (non P&D)
- reckless
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What are some ways to prove P&D murder?
- planning an activity
- motive, poor relationship between the D and V
- D's conduct before and during killing (threat)
- Method of killing
- D's confession/admission
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In CA, premeditated and deliberate murder:
- willful: intentional
- deliberate: carefully weighed pros and cons and decided to kill
- premeditated: decided to kill before doing the act that caused death
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What is the definition of Felony-Murder Rule?
When a death results from felon, or co-felon conduct in furtherance of the felony (or attempted felony) = murder.
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Under Felony Murder, who is liable for the killing?
- Only if co-felon or felon do the killing.
- If co-felon does the killing you are liable too.
- If victim or witness kill, they are not liable.
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For a person to be charged with Felony-Murder where must the death occur?
- Death must occur during the course of the felony ("in furtherance")
- Must happen close in place in place and time to the felony. Includes escape (semingly safe).
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Under risky behaviour causing death, what is reckless?
- 2nd degree murder
- causious disragard of substantial and unjustifiable risk to human life.
- -shooting apple off head
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Under risky behaviour causing death, what is negligence?
- Involuntary manslaughter
- should have know there was a substantial and unjustiable risk to human life.
- -cleaning and loading a gun that goes off.
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What is manslaughter?
Unlawful killing of another humna being without malice aforethought.
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What are the two types of manslaughter?
- Voluntary= intentional
- heat of passion
- imprerfected self-defense
- Involuntary- unitentional
- neglicent killing
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What are the elements for a sucessful heat of passion?
- Adequete provocation
- subjective: D was provoked
- objective: and ordinary person would be
- Passion
- Any intense overriding emotion
- ex. fear, anger, resentment, jealousy, desperation.
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What is the defintion of Rape?
- Unlawful sexual intercourse with a women by a man.
- by means of force or fear (threats)
- and without her consent.
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In relations to Rape, what is entrinsic force?
- There must be force beyond that needed to penetration.
- CA: no resistance by the victim is required.
- but there must be enought force to "overcome will" of woman.
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In relations to Rape, what is instrinsic force?
only requires force needed to penetrate.
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Mens Rea for Rape?
- Intended to have sexual intercourse with the woman.
- knew she did not consent
- Defense: thought she concented
- subjective- d actuallly thought so and, objective- a reasonable person would have thought so.
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California Statutory Rape Law
- illegal because the law states its rape.
- illegal because it is prohibited
- Defintion: adults 18 year or older
- Minor younger than 18
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Sex between an adult and minor is a crime:
- misdeamenor if less than 3 years difference
- mora than 3 years- can be a felony.
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What is Battery?
- intentional and
- unlawful
- harmful or affensive
- touching
- of another
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